Research On Lawyer Participation In The System Of Leniency Based On Pecciva In China

Since the implementation of the system of leniency based on pecciva for the past five years,relevant systems have been initially established,but there are still some problems in lawyers’ participation.In the confession and confession procedure,guaranteeing the voluntary nature of the prosecuted person’s confession and confession is very important.As a lawyer who protects the rights of the prosecuted person,the role of a lawyer is indispensable.However,in practice,lawyers can hardly play their due role in the procedure.Therefore,exploring the effective participation system of lawyers to protect the lawful rights and interests of the respondent is the only way to improve Chinese confession and punishment system.Chinese confession and punishment system is a concrete manifestation of the "lenient and lenient" criminal policy since the 21 st century.The system of confession and confession can be traced back to 2003 at the earliest.The Fourth Plenum of the Eighteenth Central Committee of the PRC will put confession and confession on the agenda as a system,and then its pilot work will cover the scope of cases,protect the rights of the parties,implement criminal policies,and promote judgments.Great achievements have been made in harmonious society.The revision of the Criminal Procedure Law in 2018 confirmed the basic principles of confession and lenient punishment,and clarified the content of lawyers’ participation in the confession and confession punishment procedure.Because lawyers occupy an important position in the confession and punishment system,the newly revised Criminal Procedure Law involves four aspects,including the full participation of lawyers on duty and the positioning of legal assistance.The judicial interpretation issued by the "Two High and Three Departments" on October 24,2019 has further improved the participation mechanism of lawyers,stipulated the "right of review" of on-duty lawyers,improved the work connection mechanism between lawyers,and resolved the previous pilot work.Existing problems such as lack of protection of procedural participation rights and unclear role positioning have basically established a lawyers participation system in the confession and punishment leniency procedure.Although Chinese lawyers participation in confession and punishment has been effective since the trial of the leniency system,the comprehensive coverage of lawyers defense or legal aid stations has been achieved in many regions,which has played a positive role in protecting the rights and interests of the parties.However,due to insufficient institutional incentives and the uneven status of the prosecution and defense parties,there are still problems such as vague roles,insufficient participation depth,limited practical role,and a low percentage of on-duty lawyers in the participation of confession and punishment lawyers,which need to be further improved.The improvement of the lawyer’s participation system in the confession and punishment leniency procedure should be based on China’s basic national conditions,and it can also draw on the reasonable content of relevant foreign systems.It can learn from foreign plea bargaining and other systems to improve the defense’s influence on the procedure;use the foreign duty lawyer system to clarify the role of the duty lawyer;use the foreign compulsory defense system to set up a special appeal procedure;use the foreign "triangular model system" to build Effective defense standards.As far as the improvement of the lawyers’ participation system in the procedure of confession and confession in China is concerned,first of all,we should proceed from the value orientation,emphasize the priority of justice and give consideration to efficiency;second,we should strengthen the depth of the participation of lawyers in the confession and confession,including the duty lawyer At the time of participation,make specific regulations on the connection with the work of other lawyers,and improve the specific forms of participation of lawyers;once again,in terms of effective participation,multi-party cooperation should be based on procedures and results as the main point of investigation to establish effective participation standards for confession and punishment lawyers and establish effective participation of lawyers.Supervision mechanism,the establishment of a special effective participation feedback procedure and legal consequences;in the end,reference should be made to national standards for extraterritorial rule of law to improve the duty lawyer incentive system.